Under rule 63.18 of the Supreme Court Rules (NT), a party's evasive or unreasonable refusal to comply with pre-filing requests for discovery or information, followed by late compliance only after an interlocutory application is filed, may amount to a 'complete capitulation' constituting special circumstances warranting a costs order against that party. The novel nature of an application (here, for oral examination) does not of itself preclude a costs order where the opposing party's resistance was unreasonable.
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